Transparency in Medicare Advantage Steering Act

This Act may be cited as the “Transparency in Medicare Advantage Steering Act”.

Section 1857(e) of the Social Security Act (42 U.S.C. 1395w–27(e)) is amended by adding at the end the following new paragraph:

“(7) Requirement to report certain agent and broker information.—

(A) In general.— Beginning with plan years beginning on or after January 1, 2028, a contract under this section with an MA organization shall require the organization to annually report to the Secretary—

(i) with respect to each individual enrolled in an MA plan offered by such organization for such year—

(I) whether such individual was so enrolled by an agent, broker, or other third party representing the organization; and

(II) in the case that such individual was so enrolled by such an agent, broker, or third party—

(aa) the amount of compensation, if any, paid to such agent, broker, or third party in connection with enrolling such individual; and

(bb) the form of such compensation;

(ii) the total amount of compensation paid to all such agents, brokers, and third parties representing the organization in connection with enrolling individuals in all MA plans offered by such organization for such year; and

(iii) such other information relating to such agents, brokers, and third parties representing the organization as the Secretary may require.

(B) Transparency.— Beginning with plan years beginning on or after January 1, 2030, the Secretary shall—

(i) include in the Chronic Condition Data Warehouse maintained by the Centers for Medicare & Medicaid Services pursuant to section 723 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 an indicator to identify whether an individual was enrolled in an MA plan by an agent, broker, or other third party representing the organization offering such plan (as determined based on the information reported under subparagraph (A)(i)); and

(ii) make publicly available on the internet website of the Centers for Medicare & Medicaid services the information reported by an MA organization under clauses (ii) and (iii) of subparagraph (A).”.